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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal history] The defendant was sentenced to the suspension of the execution of six months of imprisonment with labor for a crime of violating the Road Traffic Act at the Changwon District Court's Jinju on November 8, 2016, and the decision became final and conclusive on November 16, 2016.
[Criminal facts] The Defendant is a person who is engaged in driving a driver with B1 ton spawn spaws.
On January 3, 2017, the Defendant driven the above cargo vehicle without a driver's license around 09:00, and proceeded to turn to the entrance of Sari village from the front side of the city culture, the Defendant turned to the left at a speed of less than 10km.
At this point, the central line temporarily separated from the road at one-lane and the frame length at the entrance of the above village are cross-sections, so the person engaged in driving service has a duty of care to reduce speed and safely drive the road at the right and the right and the right and the right, and prevent the accident in advance.
Nevertheless, the Defendant neglected this and did not discover the victim D(90) to the left-hand side of the bend-hand side of the bend-hand side of the bend-hand side of the said cargo, and had the victim go beyond the ground by receiving the victim’s hump in front of the left-hand side of the said cargo vehicle.
In the end, the Defendant caused the death of the victim in light of the foregoing occupational negligence at an ordinary university hospital located in the Gangnam-ro 79, Jinju-si, Jinju-si, Jinju-si.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made by the police for E;
1. A death certificate;
1. Reporting on the occurrence of a traffic accident, reporting on a traffic accident, and photographs at the scene of accident;
1. Investigative into the ledger of driver's licenses and disqualified driver's licenses;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the period of stay of execution of a suspect);
1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 subparag. 1 of the Road Traffic Act concerning criminal facts.